No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreement.
Appears in 58 contracts
Samples: Employment Agreement (RadNet, Inc.), Employment Agreement (RadNet, Inc.), Employment Agreement (RadNet, Inc.)
No Waiver. The Either party’s failure of either party to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of that provisionany such provision or provisions, nor prevent that party from thereafter from enforcing that provision of any each and every other provision of this Agreement. The rights granted both parties herein are cumulative and shall not constitute a waiver of either party’s right to assert all other legal remedies available to it under the circumstances.
Appears in 55 contracts
Samples: Restricted Stock Unit Agreement (Woodward, Inc.), Performance Restricted Stock Unit Agreement (Woodward, Inc.), Performance Stock Award Agreement (Mullen Automotive Inc.)
No Waiver. The failure of Failure by either party to enforce any provision of this Agreement shall will not be construed as deemed a waiver of future enforcement of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreementprovision.
Appears in 43 contracts
Samples: Distribution Agreement, Patent Acquisition Agreement, BMC Academy and BMC Education Terms and Conditions
No Waiver. The failure of either or delay by a party to enforce any provision of this Agreement shall will not in any way be construed as a waiver of that provision, nor any such provision or prevent that party from thereafter from enforcing that provision of any other provision of this Agreement. The rights granted both parties hereunder are cumulative and will not constitute a waiver of either party’s right to assert any other legal remedy available to it.
Appears in 39 contracts
Samples: Voting Agreement (Hiro Systems PBC), Voting Agreement (Blockstack Inc.), Voting Agreement (Blockstack Token LLC)
No Waiver. The failure of either party to enforce insist upon strict compliance with any provision of this Agreement by any party shall not be construed as deemed to be a waiver of that provision, nor prevent that party thereafter from enforcing that any future noncompliance with such provision or of noncompliance with any other provision of this Agreementprovision.
Appears in 37 contracts
Samples: Change in Control Agreement (Quaker Chemical Corp), Change in Control Agreement (Quaker Chemical Corp), Change in Control Agreement (Quaker Chemical Corp)
No Waiver. The Parties agree that no failure of by either party Party to enforce the performance of any provision of in this Agreement shall not be construed as constitute a waiver of that provision, nor prevent that party thereafter from enforcing the right to subsequently enforce that provision of or any other provision of this Agreement. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
Appears in 25 contracts
Samples: Licensed End User Agreement, Catchmentmodeller Licensed End User Agreement, Application Service Provider Agreement
No Waiver. The failure of Failure by either party to enforce any provision of this Agreement shall not be construed as deemed a waiver of future enforcement of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreementprovision.
Appears in 21 contracts
Samples: Hdmi Atc Testing Service Agreement, Hdmi Atc Testing Service Agreement, Hdmi Atc Testing Service Agreement
No Waiver. The failure of either party hereto to enforce any provision of the provisions of this Agreement Agreement, or the waiver thereof in any instance, shall not be construed as a waiver or relinquishment of that provision, nor prevent that party thereafter from enforcing that provision of any other such party’s right to enforce each and every provision of this AgreementAgreement in the future.
Appears in 16 contracts
Samples: Ethernet Service Agreement, Ethernet Service Agreement, Ethernet Service Agreement
No Waiver. The Any failure of either a party to enforce that party’s rights under any provision of this Agreement shall not be construed or act as a waiver of that provision, nor prevent that party thereafter from enforcing that provision said party’s subsequent right to enforce any of any other provision of this Agreementthe provisions contained herein.
Appears in 15 contracts
Samples: Affiliation Agreement, Clinical Internship Agreement, Student Clinical Experience Agreement
No Waiver. The failure of either party Party to enforce any provision of this Agreement shall not be construed as constitute a waiver of that the right to subsequently enforce such provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreement.
Appears in 15 contracts
Samples: Cross License Agreement (Planetcad Inc), Web Services Agreement (Planetcad Inc), Web Services Agreement (Planetcad Inc)
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreement.
Appears in 14 contracts
Samples: Merger Agreement (Healthdesk Corp), Employment Agreement (Image Guided Technologies Inc), Employment Agreement (Image Guided Technologies Inc)
No Waiver. The failure of by either party to enforce any provision of this Agreement shall will not be construed as constitute a waiver of future enforcement of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision provision. Neither party will be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by a duly authorized representative of this Agreementthe party against which such waiver is asserted.
Appears in 13 contracts
Samples: Referral Agreement, Referral Agreement, Referral Agreement
No Waiver. The failure of either a party to enforce any provision of this Agreement shall not be construed as constitute a waiver of that provision, nor prevent that such provision or the right of such party thereafter from enforcing that to enforce such provision of or any other provision of this Agreementprovision.
Appears in 13 contracts
Samples: Consulting Services Agreement, Consulting Services Agreement, Consulting Services Agreement
No Waiver. The failure of either any party to enforce any provision of the provisions of this Agreement shall not be construed as to be a waiver of that provision, nor prevent that the right of such party thereafter from enforcing that provision of any other provision of this Agreementto enforce such provisions.
Appears in 12 contracts
Samples: Patent Sublicense Agreement, Patent Sublicense Agreement (BioNano Genomics, Inc), Patent Sublicense Agreement (BioNano Genomics, Inc)
No Waiver. The failure of either party to enforce any provision of this the Agreement shall will not be construed as constitute a waiver of future enforcement of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreementprovisions.
Appears in 12 contracts
Samples: Educational Services, Educational Services, Educational Services
No Waiver. The failure of either party to enforce or insist upon compliance with any provision of the provisions of this Agreement or the waiver thereof, in any instance, shall not be construed as a general waiver of that provision, nor prevent that party thereafter from enforcing that provision or relinquishment of any other provision of this Agreement.
Appears in 11 contracts
Samples: Carrier Service Agreement (Fusion Telecommunications International Inc), Carrier Service Agreement (Fusion Telecommunications International Inc), Service Agreement (Apextalk Holdings Inc)
No Waiver. The failure of Failure by either party Party to enforce any provision of this Agreement shall will not be construed as deemed a waiver of future enforcement of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreementprovision.
Appears in 11 contracts
Samples: Exclusivity Agreement (LumiraDx LTD), Exclusivity Agreement (LumiraDx LTD), License and Technology Transfer Agreement
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of or any other provision of this Agreement.
Appears in 11 contracts
Samples: Employment Agreement (Easylink Services International Corp), Employment Agreement (Easylink Services International Corp), Employment Agreement (Easylink Services International Corp)
No Waiver. The Either Party’s failure of either party to strictly enforce any provision of this Agreement shall not in any way be construed as a waiver of that any such provision, nor or prevent that party Party thereafter from enforcing that provision of any each and every other provision of this Agreement.
Appears in 11 contracts
Samples: Executive Employment Agreement (Q2 Holdings, Inc.), Executive Employment Agreement (Q2 Holdings, Inc.), Executive Employment Agreement (Q2 Holdings, Inc.)
No Waiver. The Neither the failure nor the delay of either party Party to enforce any provision of this Agreement shall not be construed as constitute a waiver of that provision, nor prevent that party thereafter from enforcing that such provision or of any other the right of either Party to enforce each and every provision of this Agreement.
Appears in 10 contracts
Samples: Cellular Handset Patent License Agreement, Settlement and Patent License Agreement, Umts/Lte Terminal Patent License Agreement
No Waiver. The Either party’s failure of either to require the other party to enforce comply with any provision of this Agreement shall not be construed as deemed a waiver of that provision, nor prevent that party thereafter from enforcing that such provision of or any other provision of this Agreement.
Appears in 10 contracts
Samples: Manufacturing Services Agreement, Collaboration Agreement (Lixte Biotechnology Holdings, Inc.), Supply Agreement (Aptalis Holdings Inc.)
No Waiver. The Any failure of either a party to enforce that party’s right under any provision of this Agreement shall not be construed or act as a waiver of that provision, nor prevent that party thereafter from enforcing that provision said party’s subsequent right to enforce any of any other provision of this Agreementthe provisions contained herein.
Appears in 10 contracts
Samples: Affiliation Agreement, Articulation Agreement, Educational Affiliation Agreement
No Waiver. The failure of either Failure by a party to enforce any provision of this Agreement Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver of that provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreementrights.
Appears in 10 contracts
Samples: Services Agreement, Services Agreement, Services Agreement
No Waiver. The Either party's failure of either to require the other party to enforce comply with any provision of this Agreement shall not be construed as deemed a waiver of that provision, nor prevent that party thereafter from enforcing that such provision of or any other provision of this Agreement.
Appears in 10 contracts
Samples: Manufacturing Services and Supply Agreement, Manufacturing Services and Supply Agreement (Jazz Pharmaceuticals Inc), Manufacturing Services Agreement (Cephalon Inc)
No Waiver. The failure of Failure by either party to enforce any right granted by this Agreement shall not constitute a waiver of such right and waiver of any provision of this Agreement shall not be construed as constitute a waiver of that provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreementprovision.
Appears in 9 contracts
Samples: Employment Agreement (Labone Inc/), Employment Agreement (Peoples First Corp), Employment Agreement (Regions Financial Corp)
No Waiver. The failure of Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The waiver by either party of a breach of any provisions herein shall not be construed as taken or held by the other party to be a waiver of that provision, nor prevent that party thereafter from enforcing that the provision of any other provision of this Agreementitself unless such a waiver shall be expressed in writing.
Appears in 9 contracts
Samples: Training Terms and Conditions, Training Terms and Conditions, Training Terms and Conditions
No Waiver. The failure of either any party to enforce any provision of this Agreement the provisions hereof shall not be construed as to be a waiver of that provision, nor prevent that the right of such party thereafter from enforcing that provision of any other provision of this Agreementto enforce such provisions. This Agreement may not be waived, except in writing by the Party granting the waiver.
Appears in 9 contracts
Samples: Master Subscription and Support Agreement, Master Subscription and Support Agreement, Master Subscription and Support Agreement
No Waiver. The failure of either any party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that provision, nor prevent party's right to subsequently enforce that party thereafter from enforcing that provision of or any other provision of this Agreement.
Appears in 9 contracts
Samples: Services Agreements, Auditing Services Agreement, Services Agreements
No Waiver. The failure Failure of either a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of that such provision or of the right to enforce such provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreement.
Appears in 9 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
No Waiver. The failure of either party Party to enforce any provision of terminate this Agreement by reason of the breach of any of its provisions by the other Party shall not be construed as a waiver of that provision, nor prevent that party thereafter from enforcing that provision the rights or remedies available for any subsequent breach of any other provision the terms and provisions of this Agreement.
Appears in 9 contracts
Samples: Manufacturing Agreement, Collaboration Agreement (Cardax, Inc.), Collaboration Agreement (Cardax, Inc.)
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as to be a waiver of that provision, nor prevent that such provision or the right of such party thereafter from enforcing that to enforce such provision of or any other provision of this Agreement.
Appears in 8 contracts
Samples: Framework Agreement (Central European Media Enterprises LTD), Framework Agreement (Central European Media Enterprises LTD), Agreement and Plan of Merger (Penton Media Inc)
No Waiver. The failure Failure of either party to enforce any provision term of this Agreement shall not be construed as constitute a waiver of the party’s right to enforce that provision, nor prevent that party thereafter from enforcing that provision of term or any other provision term of this Agreement.
Appears in 8 contracts
Samples: Severance Agreement (Schnitzer Steel Industries Inc), Separation Agreement (Clicker Inc.), Severance, Consultation and Non Competition Agreement (Schnitzer Steel Industries Inc)
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of any other provision of this Agreement.
Appears in 8 contracts
Samples: Employment Agreement (Easylink Services International Corp), Employment Agreement (Easylink Services International Corp), Employment Agreement (Easylink Services International Corp)
No Waiver. The failure of Failure by either party to enforce any provision of this --------- Agreement shall will not be construed as deemed a waiver of future enforcement of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreementprovision.
Appears in 8 contracts
Samples: Aol License Agreement (America Online Latin America Inc), Aol License Agreement (America Online Latin America Inc), Stockholders' Agreement (America Online Latin America Inc)
No Waiver. The failure of either any party to enforce any provision of the provisions of this Agreement shall will not be construed as to be a waiver of that provision, nor prevent that the right of such party thereafter from enforcing that provision to enforce such provisions. The waiver by any party of the right to enforce any of the provisions of this Agreement on any occasion will not be construed to be a waiver of the right of such party to enforce such provisions on any other provision of this Agreementoccasion.
Appears in 8 contracts
Samples: Merger Agreement (Carreker Antinori Inc), Employment Agreement (Carreker Corp), Employment Agreement (Carreker Corp)
No Waiver. The A party's failure of either party to enforce any provision of this Agreement shall not be construed operate as that party's waiver of the particular provision or this Agreement as a waiver of that provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreementwhole.
Appears in 7 contracts
Samples: Reciprocal Nondisclosure Agreement, Reciprocal Nondisclosure Agreement, Reciprocal Nondisclosure Agreement
No Waiver. The failure of either party to enforce insist in any instance on the strict performance of any provision of this Agreement shall or to exercise any right hereunder will not be construed as constitute a waiver of that provision, nor prevent that party thereafter from enforcing that such provision of or right in any other provision of this Agreementinstance.
Appears in 7 contracts
Samples: Change in Control Agreement (Farmers National Banc Corp /Oh/), Change in Control Agreement (Farmers National Banc Corp /Oh/), Change in Control Agreement (Farmers National Banc Corp /Oh/)
No Waiver. The failure of Failure by either party to enforce any provision of this --------- Agreement shall not be construed as deemed a waiver of future enforcement of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreementprovision.
Appears in 7 contracts
Samples: Aol Online Services Agreement (America Online Latin America Inc), Stockholders' Agreement (America Online Latin America Inc), Facsimile Product Development Agreement (Jetfax Inc)
No Waiver. The failure of either party to enforce any provision of this Agreement shall not in any way be construed as a waiver of that provisionany such provision as to any future violations thereof, nor prevent that party thereafter from enforcing that provision of any each and every other provision of this Agreement. The rights granted the parties herein are cumulative and the waiver of any single remedy shall not constitute a waiver of such party's right to assert all other legal remedies available to it under the circumstances.
Appears in 7 contracts
Samples: Employment & Non Competition Agreement (Criimi Mae Inc), Employment Agreement (Criimi Mae Inc), Employment Agreement (Criimi Mae Inc)
No Waiver. The failure of Failure by either party Party to enforce any provision of this Agreement shall not be construed as deemed a waiver of future enforcement of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreementprovision.
Appears in 7 contracts
Samples: Research Agreement (Lexeo Therapeutics, Inc.), Research Agreement (Lexeo Therapeutics, Inc.), Research Agreement (Lexeo Therapeutics, Inc.)
No Waiver. The failure of either a party to enforce any right or provision of in this Agreement shall will not be construed as constitute a waiver of that such right or provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreement.
Appears in 7 contracts
Samples: Vendor Agreement, Terms and Conditions, Software as a Service Agreement
No Waiver. The failure of either party to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of that provisionany such provision or provisions as to any future violations thereof, nor prevent that party thereafter from enforcing that provision of any each and every other provision of this Agreement. The rights granted the parties herein are cumulative and the waiver of any single remedy shall not constitute a waiver of such party's right to assert all other legal remedies available to it under the circumstances.
Appears in 6 contracts
Samples: Employment Agreement (Criimi Mae Inc), Employment Agreement (Criimi Mae Inc), Employment and Non Competition Agreement (Criimi Mae Inc)
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that provision, nor prevent that party thereafter from enforcing that provision of any other party’s right to subsequently enforce every provision of this Agreement.
Appears in 6 contracts
Samples: Consultant Services Agreement, Consultant Services Agreement, Special Education Services Contract
No Waiver. The Either Party’s failure of either party to enforce any provision or term of this Agreement shall not be construed as a future or continuing waiver of that provision, nor prevent that party thereafter from enforcing that such provision of any other provision or term of this Agreement.
Appears in 6 contracts
Samples: Telecommunications, Service Agreement, Master Services Agreement
No Waiver. The failure of Failure by either party to enforce any provision of this Agreement shall will not be construed as deemed a waiver of future enforcement of that or any other provision. Any waiver, nor prevent that party thereafter from enforcing that provision amendment or other modification of any other provision of this AgreementAgreement will be effective only if in writing and signed by the parties.
Appears in 5 contracts
Samples: Participation Agreement, Participation Agreement, Participation Agreement
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party from thereafter from enforcing that provision of or any other provision of this Agreement.
Appears in 5 contracts
Samples: Employment Agreement (Sheervision, Inc.), Employment Agreement (Sheervision, Inc.), Employment Agreement (Acln LTD)
No Waiver. The A party's failure of either to require another party to enforce comply with any provision of this Agreement shall not be construed as deemed a waiver of that provision, nor prevent that party thereafter from enforcing that such provision of or any other provision of this Agreement.
Appears in 5 contracts
Samples: Manufacturing and Supply Agreement (Cytogen Corp), Manufacturing and Supply Agreement (Cytogen Corp), Manufacturing Agreement (Cytogen Corp)
No Waiver. The failure of either party Party to enforce at any provision time any of the provisions of this Agreement shall not be construed as deemed to be a waiver of that provision, nor prevent that party the right of either Party thereafter from enforcing that provision of to enforce any other provision of this Agreementsuch provisions.
Appears in 5 contracts
Samples: Partnership Agreement, Partnership Agreement, License Agreement
No Waiver. The failure of either by any party to enforce any provision of this Agreement shall not be construed as constitute a waiver by that party of that provision, nor prevent that party thereafter from enforcing that provision or of any other provision of this Agreement.
Appears in 5 contracts
Samples: Intergovernmental Agreement, Intergovernmental Agreement, Intergovernmental Agreement
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that provision, nor prevent that party thereafter from enforcing that provision of any other party’s right subsequently to enforce and compel strict compliance with every provision of this Agreement.
Appears in 5 contracts
Samples: Executive Employment Agreement (Kingold Jewelry, Inc.), Employment Agreement (Kingold Jewelry, Inc.), Executive Employment Agreement (Kingold Jewelry, Inc.)
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as deemed a waiver of that such provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreement.
Appears in 5 contracts
Samples: Source Code License Agreement (Escalon Medical Corp), Manufacturing Agreement (Argonaut Technologies Inc), License Agreement (Argonaut Technologies Inc)
No Waiver. The failure of either any party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreement.
Appears in 5 contracts
Samples: Termination, Settlement Agreement and Mutual Release (Spectranetics Corp), Restricted Stock Agreement (Silver Lake Partners Ii L P), Restricted Stock Agreement (Silver Lake Partners Ii L P)
No Waiver. The failure of either party Party to enforce or insist upon ---------- compliance with any of the provision of this the Agreement or the waiver thereof, in any instance, shall not be construed as a general waiver of that provision, nor prevent that party thereafter from enforcing that provision or relinquishment of any other provision provisions of this the Agreement.
Appears in 5 contracts
Samples: Product Development Agreement (VGTel, Inc.), Enhanced Services International Agreement (VGTel, Inc.), Consultancy Agreement (VGTel, Inc.)
No Waiver. The failure of either party to enforce at any provision time any of the provisions of this Agreement shall not be construed as to be a waiver of that provision, nor prevent those provisions or of the right of that party thereafter from enforcing that provision of any other provision of this Agreementto enforce those provisions.
Appears in 5 contracts
Samples: Distribution Agreement (Intracel Corp), Distributorship Agreement (Ivax Diagnostics Inc), Distribution Agreement (Intracel Corp)
No Waiver. The failure of either party to enforce any right or provision of in this Agreement shall not be construed as constitute a waiver of that provision, nor prevent that such right or provision unless acknowledged and agreed to by such party thereafter from enforcing that provision of any other provision of this Agreementin writing.
Appears in 4 contracts
Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement
No Waiver. The Any failure of either by a party to enforce any provision of or right under this Agreement is not and shall not be construed interpreted as a waiver of that provision, nor prevent that party thereafter from enforcing that provision of any right to enforce the same or any other right or provision of this AgreementAgreement at a later date.
Appears in 4 contracts
Samples: Non Disclosure Agreement, Non Disclosure Agreement, Non Disclosure Agreement
No Waiver. The Either party's failure of either party to enforce any provision of this Agreement shall not in any way be construed as a waiver of that any such provision, nor or prevent that party from thereafter enforcing each and every other provision, or prevent that party from thereafter enforcing that provision of any each and every other provision of this Agreement.
Appears in 4 contracts
Samples: Executive Employment Agreement (Fiberite Holdings Inc), Executive Employment Agreement (Fiberite Holdings Inc), Executive Employment Agreement (Fiberite Holdings Inc)
No Waiver. The failure of either party to enforce any provision of this Agreement shall is not be construed as a waiver or limitation of that provision, nor prevent that party thereafter from enforcing that provision of any other party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Appears in 4 contracts
Samples: Executive Employment Agreement (Arkanova Energy Corp.), Executive Employment Agreement (Arkanova Energy Corp.), Executive Employment Agreement (Arkanova Energy Corp.)
No Waiver. The failure of either any party to enforce any provision of the provisions of this Agreement shall not be construed as to be a waiver of that provision, nor prevent that the right of the party thereafter from enforcing that provision of any other provision of this Agreementto enforce such provisions.
Appears in 4 contracts
Samples: Employment Agreement (Suncoast Nutriceuticals, Inc.), Employment Agreement (Suncoast Nutriceuticals, Inc.), Employment Agreement (Telergy Inc /Ny)
No Waiver. The failure of Failure by either party Party to enforce any provision of rights under this Agreement shall not be construed as a waiver of that provisionsuch rights, nor prevent that party thereafter from enforcing that provision shall a waiver by either Party in one or more instances be construed as constituting a continuing waiver or as a waiver of any other provision of this Agreementinstances.
Appears in 4 contracts
Samples: Software License Agreement (Infocure Corp), Software License Agreement (Practice Works Inc), Software License Agreement (Practice Works Inc)
No Waiver. The failure of Failure by either party Party to enforce any provision of this Agreement shall will not be construed as deemed a waiver of the right to thereafter enforce that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreement.
Appears in 4 contracts
Samples: Exclusive Reseller Agreement (ERF Wireless, Inc.), Exclusive Reseller Agreement (ERF Wireless, Inc.), Exclusive Reseller Agreement (ERF Wireless, Inc.)
No Waiver. The failure of either party to exercise or enforce any right or provision of this Agreement shall not be construed as constitute a waiver of that such right or provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreement.
Appears in 4 contracts
Samples: Master License Agreement, License Agreement, Master License Agreement
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that provision, nor prevent that party thereafter from enforcing that provision of any other party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Appears in 3 contracts
Samples: Concrete Subcontractor Agreement, Service Agreement, Consulting Agreement (National Medical Health Card Systems Inc)
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as constitute a waiver of that the right to subsequently enforce such provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreement.
Appears in 3 contracts
Samples: Co Branding Agreement (Planetcad Inc), Co Branding Agreement (Planetcad Inc), Co Branding Agreement (Planetcad Inc)
No Waiver. The failure of either party to enforce insist upon the strict performance of any covenant, agreement, provision or section of this Agreement shall not be construed as constitute a waiver of that provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreementthereof.
Appears in 3 contracts
Samples: Property Management Agreement, Property Management Agreement (Independence Realty Trust, Inc), Property Management Agreement (Independence Realty Trust, Inc)
No Waiver. The failure of either party to enforce at any provision time any of the provisions of this Agreement shall not be construed as deemed to be a waiver of that provision, nor prevent that the right of either party thereafter from enforcing that provision of to enforce any other provision of this Agreementsuch provisions.
Appears in 3 contracts
Samples: Master Agreement, Web Based Service Access Agreement, Lead Generation Agreement
No Waiver. The failure of either party to enforce insist upon strict compliance with any provision of this Agreement Agreement, or to exercise any right or remedy under this Agreement, shall not be construed as constitute a waiver by such party of that provision, nor the provision or prevent that such party thereafter from enforcing that provision of any other provision of this Agreementexercising such right or remedy in the future.
Appears in 3 contracts
Samples: General Agency Agreement (Hallmark Financial Services Inc), Claims Administration Agreement (Hallmark Financial Services Inc), Services Agreement (Inspire Insurance Solutions Inc)
No Waiver. The failure of either party Party to enforce any provision of this Agreement or to terminate this Agreement for the breaching of any covenant or conditions herein shall not be construed operate thereafter as a waiver of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreement, or as a waiver of the right to terminate this Agreement except to the extent specifically set forth in this Agreement.
Appears in 3 contracts
Samples: Joint Research and Product Development Agreement (Visualant Inc), Joint Research and Product Development Agreement (Visualant Inc), Joint Research and Product Development Agreement (Visualant Inc)
No Waiver. The failure of either party a Party to enforce any provision of this Agreement shall will not be construed as constitute a waiver of that provision or deprive a Party of the right to subsequently insist upon strict adherence to that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreementcontained herein.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
No Waiver. The failure of either any party to enforce insist upon compliance with any provision of the provisions of this Agreement or the waiver thereof, in any instance, shall not be construed as a general waiver of that provision, nor prevent that or relinquishment by such party thereafter from enforcing that provision of any other provision of this Agreement.
Appears in 3 contracts
Samples: Convertible Secured Promissory Note Amendment (Petrolia Energy Corp), Termination and Release Agreement (ICTV Brands Inc.), Termination and Release Agreement (Photomedex Inc)
No Waiver. The Either Party’s failure of either party to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of that provisionany such provision or provisions, nor or prevent that party thereafter from enforcing that provision of any each and every other provision of this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Yerbae Brands Corp.), Employment Agreement (Yerbae Brands Corp.), Employment Agreement (Yerbae Brands Corp.)
No Waiver. The failure of either any party to enforce any provision of this Agreement shall not be construed as constitute a waiver of that the right subsequently to enforce such provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreement.
Appears in 3 contracts
Samples: License Agreement (Biofarm Inc), Stock Purchase Agreement (Obsidian Enterprises Inc), Put Option Agreement (Biofarm Inc)
No Waiver. The failure of either party to enforce any provision of this Agreement shall not be construed as deemed a waiver of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision of this Agreementavailable right or remedy.
Appears in 3 contracts
Samples: End User License Agreement, Software Development Agreement (Iphysician Net Inc), License Agreement (Burst Com)
No Waiver. The A party’s failure of either party to enforce any provision of this Agreement shall not be construed as constitute a waiver of that provision, nor prevent that the right of such party thereafter from enforcing that provision of any other provision of this Agreementto enforce such provision.
Appears in 3 contracts
Samples: Uplink Activation and Service Agreement, Uplink Activation and Service Agreement, Uplink Activation and Service Agreement
No Waiver. The Either party’s failure of either party to enforce any provision of the provisions of this Agreement shall not in any way be construed as a waiver of that any such provision, nor prevent that party from thereafter from enforcing that provision of any other provision of this Agreement. The rights granted both parties hereunder are cumulative and shall not constitute a waiver of either party’s right to assert any other available legal remedy.
Appears in 3 contracts
Samples: Stock Issuance Agreement (Discovery Laboratories Inc /De/), Restricted Stock Grant Agreement (Millennium Cell Inc), Restricted Stock Grant Agreement (Millennium Cell Inc)
No Waiver. The Either party's failure of either party to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of that provisionany such provision or provisions, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreement.nor
Appears in 2 contracts
Samples: Restricted Stock Purchase Agreement (Avanex Corp), Restricted Stock Purchase Agreement (Avanex Corp)
No Waiver. The Any party's failure of either party to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of that provisionany such provision or provisions, nor prevent that party thereafter from enforcing that provision of any each and every other provision of this Agreement. The rights granted to the parties herein are cumulative and shall not constitute a waiver of any party's right to assert all other legal remedies available to it under the circumstances.
Appears in 2 contracts
Samples: Stockholders Agreement (Netratings Inc), Series B Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc)
No Waiver. The failure of either party to enforce any provision insist upon the strict performance of this Agreement the terms and conditions hereof shall not constitute or be construed as a waiver of that provision, nor prevent that party thereafter from enforcing that provision or relinquishment of any other provision or of either party’s right to thereafter enforce the same in accordance with this Agreement.
Appears in 2 contracts
Samples: Consulting Services Agreement, Interlocal Agreement
No Waiver. The failure of either party Party to enforce any provision provisions of this Agreement or to require performance of the other Party of any provision(s) shall not be construed as to be a waiver of that provisionsuch provisions, nor prevent that party thereafter from enforcing that provision of any other provision shall it affect the validity of this AgreementAgreement or any part thereof, or the rights of either Party to enforce any provision.
Appears in 2 contracts
Samples: Off Duty Police Services Agreement, Off Duty Police Services Agreement
No Waiver. The failure of either party Failure by a Party to enforce any provision of this Agreement Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver of that provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreementrights.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
No Waiver. (a) The failure of either party to enforce any right or provision of in this Agreement shall will not be construed as constitute a waiver of that provision, nor prevent that such right or provision unless acknowledged and agreed to by the other party thereafter from enforcing that provision of any other provision of this Agreement.in writing
Appears in 2 contracts
Samples: Generative Art Buyer Agreement, Nfa Generative Artist Agreement
No Waiver. The failure of either party Party to enforce any provision provisions of this Agreement or to require performance of the other Party of any provision(s) shall not be construed as to be a waiver waived of that provisionsuch provisions, nor prevent that party thereafter from enforcing that provision shall it affect the validity of the Agreement or any other provision part thereof, or the rights of this Agreementeither Party to enforce any provision.
Appears in 2 contracts
Samples: Extra Duty Agreement, Extra Duty Agreement
No Waiver. The failure of either party to enforce at any provision time any of the provisions of this Agreement shall not be construed as deemed to be a waiver of that the right of such party to thereafter enforce any such provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreement.
Appears in 2 contracts
Samples: Sponsorship Agreement, Sponsorship Agreement
No Waiver. The failure Failure of either party hereto to enforce any term or provision of this Agreement shall not be construed as a waiver of that such term or provision or of the right to enforce such term or provision, nor prevent that party thereafter from enforcing that provision of any other provision of this Agreement.
Appears in 2 contracts
Samples: Purchase of Service Agreement, Purchase of Service Agreement
No Waiver. The failure of either party a Party to enforce any provision of --------- this Agreement shall not be construed as constitute a waiver of that provision, nor prevent that party thereafter from enforcing that such provision or the right of such Party to enforce such provision or any other provision of this Agreementprovision.
Appears in 2 contracts
Samples: License and Distribution Agreement (Altiris Inc), License and Distribution Agreement (Altiris Inc)
No Waiver. The failure of either party to enforce any provision of the provisions of this Agreement shall not be construed as a waiver of that provisionsuch provisions. Further, nor prevent that any express waiver by any party thereafter from enforcing that provision with respect to any breach of any provision hereunder by any other party shall not constitute a waiver of such party’s right to thereafter fully enforce each and every provision of this Agreement.
Appears in 2 contracts
Samples: Service Agreement, Jail Service Agreement
No Waiver. The Either party’s failure of either to require the other party to enforce comply with any provision of this Agreement shall will not be construed as deemed a waiver of that provision, nor prevent that party thereafter from enforcing that the provision of or any other provision of this Agreement.
Appears in 2 contracts
Samples: Manufacturing Services Agreement (Optimer Pharmaceuticals Inc), Commercial Manufacturing Services Agreement (Clinical Data Inc)
No Waiver. The failure of either party Party to enforce any provision of this Agreement shall not be construed as deemed a waiver of that provision, nor prevent provision or of the right of the Party to thereafter enforce that party thereafter from enforcing that provision of or any other provision of this Agreementprovision.
Appears in 2 contracts
Samples: Development and Licensing Agreement (Pure Bioscience), Development and Licensing Agreement (Pure Bioscience)
No Waiver. The failure of either party Party to enforce any against the other a provision of this Agreement shall not be construed as constitute a waiver of that provision, nor prevent that party thereafter from enforcing that Party’s right to enforce such provision of any other provision of this Agreementat a later time.
Appears in 2 contracts
Samples: Cooperative Agreement, Cooperative Agreement
No Waiver. The waiver, modification, or failure to insist by a party on any of either party to enforce any provision the provisions of this Agreement shall will not void, waive, nor modify any of the other provisions nor be construed as a waiver or relinquishment of that provision, nor prevent that party thereafter from enforcing that provision such party’s right to performance in the future of any other provision of this Agreementsuch provision.
Appears in 2 contracts
Samples: Terms of Use, Terms of Use
No Waiver. The Any party’s failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce such provision. The provisions may be waived only in writing by the party intended to be benefited by the provisions, and a waiver by a party of a breach hereunder by the other party shall not be construed as a waiver of that provision, nor prevent that party thereafter from enforcing that provision any succeeding breach of any the same or other provision of this Agreementprovisions.
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
No Waiver. The failure of either party Party to enforce any provision term or condition of this Agreement shall will not be construed as constitute a waiver of that provision, nor prevent that party thereafter from enforcing that provision such Party’s rights to enforce subsequent breaches of any other provision of term or condition under this Agreement.
Appears in 2 contracts
Samples: Subscription and License Agreement (OncoMed Pharmaceuticals Inc), Subscription and License Agreement (OncoMed Pharmaceuticals Inc)
No Waiver. The failure of either any party to enforce insist upon the performance of any provision of this Agreement shall or to pursue any right under this Agreement will not be construed as deemed a waiver of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision or the relinquishment of this Agreementany right.
Appears in 2 contracts
Samples: Stockholders Agreement (Massachusetts Mutual Life Insurance Co), Shareholder Agreement (Reinhold Industries Inc/De/)
No Waiver. The Any failure of either a party to enforce that party's rights under any provision of this Agreement shall not be construed or act as a waiver of that provision, nor prevent that party thereafter from enforcing that provision said party's subsequent right to enforce any of any other provision of this Agreementthe provisions contained herein.
Appears in 2 contracts
Samples: Affiliation Agreement, Affiliation Agreement
No Waiver. The failure of If either party fails to enforce any provision one or more of the provisions of this Agreement shall Agreement, that failure will not be construed as a waiver of that provisionthose provisions, nor prevent that will it affect the ability of a party thereafter from enforcing that provision of any other provision of this Agreementto enforce those provisions.
Appears in 2 contracts
Samples: Trademark License Agreement, Trademark License Agreement
No Waiver. The failure of either party to enforce this Agreement to insist upon the performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from enforcing any breach of that provision or of any other provision of this Agreementprovision.
Appears in 2 contracts
Samples: Chapter Agreement, Chapter Agreement
No Waiver. The Any party’s failure of either party to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of that provisionany such provision or provisions, nor prevent that party thereafter from enforcing that provision of any each and every other provision of this Agreement. The rights granted both parties herein are cumulative and shall not constitute a waiver of either party’s right to assert all other legal remedies available to it under the circumstances.
Appears in 2 contracts
Samples: Assignment and Novation Agreement, Assignment and Novation Agreement (E-Wilson, LLC)
No Waiver. The failure of Failure by either party to enforce any provision of this Agreement shall not be construed as deemed a waiver of that future enforcement of that, or any other, provision, nor prevent that . Any waiver by either party thereafter from enforcing that provision of any other provision its rights under this Agreement must be in writing and signed by a duly authorized representative of this Agreementthe waiving party.
Appears in 2 contracts
Samples: Master Api Access Agreement, Master Api Access Agreement
No Waiver. The failure of by either party Party to enforce any provision of this Agreement shall will not be construed as constitute a waiver of future enforcement of that provision, nor prevent that party thereafter from enforcing that provision of or any other provision provision. Neither Party will be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by a duly authorized representative of this Agreementthe Party against which such waiver is asserted.
Appears in 2 contracts
Samples: Referral Agreement, Referral Agreement
No Waiver. The failure of either party a Party to enforce any provision of the provisions of this Agreement shall or the granting at any time of any other indulgence is not to be construed as a waiver of that provision, nor prevent provision or of the right of such Party to enforce that party thereafter from enforcing that provision of or any other provision of this Agreementat a later date.
Appears in 2 contracts
Samples: Consultancy Agreement, Subcontract Agreement
